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2006/04/05 Council Agenda Packet
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2006/04/05 Council Agenda Packet
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Council Agenda Packet
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4/5/2006
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8 <br /> irrespective of whether the damage alleged is bodily injury, damage to property, economic loss, <br /> general damages, special damages, or punitive damages. If, and to the extent, Licensee employs <br /> or engages subconsultants or subcontractors, then Licensee shall ensure that each such <br /> subconsultant and subcontractor (and subsequent tiers of subconsultants and subcontractors) <br /> shall expressly agree to defend and indemnify Licensor and Landowner to the extent and on the <br /> same terms and conditions as the Licensee pursuant to this Section. In the event it is necessary <br /> for Licensor and/or Landowner to incur attorney's fees, legal expenses or other costs to enforce <br /> the provisions of this License, all such fees, expenses and costs shall be recoverable from the <br /> Licensee. <br /> 15. LIABILITY INSURANCE: The Licensee shall procure and keep in force during <br /> the term of this License, at Licensee's own cost and expense, commercial general liability (CGL) <br /> insurance written on a standard ISO version policy form, or its equivalent, with a company who <br /> is rated at least "A" or better and with a numerical rating of no less that 7 by A.M. Best <br /> Company and which is acceptable to the Licensor. Said CGL insurance shall be on an <br /> occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in <br /> the annual aggregate including, but not limited to, premises-operations liability, blanket <br /> contractual liability and broad form property damage. <br /> Prior to the commencement of this License, the Licensee agrees to supply Licensor and <br /> Landowner with a Certificates of Insurance establishing: a) that its insurance obligation as herein <br /> provided have been met, b) that the insurance policy or policies as herein required are not subject <br /> to cancellation or material change without at least thirty (30) days advance written notice to the <br /> Licensor and Landowner, c) that Licensor and Landowner, along with their respective officers, <br /> employees and agents are named as "Additional Insureds" with respect to this License, and d) <br /> that said liability insurance shall apply as primary insurance on behalf of such Additional <br /> Insureds. <br /> If the Licensee is self-insured, Licensee shall provide Licensor with a Certificate of Self- <br /> Insurance acceptable to Licensor and that complies with the above policy requirements. <br /> The Licensor reserves the right to require reasonable increases in the limits of coverage <br /> from time to time during the term of this License. <br /> 16. TERMINATION: This Section is in addition to any other provision of this <br /> License authorizing or otherwise relating to early termination of said License. <br /> A. Termination of License Without Cause: Licensor may terminate this License upon <br /> one hundred and twenty (120) days written notice to Licensee. Following the lapse of one <br /> hundred and twenty (120) days notice period, Licensor may re-enter and occupy the Site. <br /> B. Damage or Destruction: Upon destruction, partial destruction or inability to use <br /> the Site or Tower for its intended purpose, Licensor is not under any obligation to reconstruct or <br /> repair said Site or Tower and Licensor or Licensee may terminate this License. <br /> 6a <br /> 12 <br />
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